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Law 456H1F
Instructor: Prof. Audrey Macklin
Office Hours: After class or by appointment
Class Time: Tuesday, Thursday, 10h45 – 12h00, Solarium
Contact Info: Flavelle 211, 946-7493
Who gets in? As national borders dissolve for trade, capital, communication and culture
under globalization, these same borders acquire increasing salience in controlling the flow of
people. This course focuses on the Canadian policy and legislation designed to manage and
regulate entry, residence and citizenship. The Immigration Refugee Protection Act and
Regulations provide the framework for categorizing potential entrants into legal vs. non-
legal, visitors vs. permanent residents, and immigrants vs. refugees. In addition to
navigating through the major components of the legislation, the course will examine
constitutional aspects of immigration (the role of the provinces and the Charter), the
influence of international law and the differential impact of the immigration regime along
axes of gender, class ethnicity, 'race' and nationality. The recent passage of the
Immigration and Refugee Protection Act provides an opportunity to critically assess shifts in
immigration policy animated by recent trends, including the rise in undocumented
migration, the heightened perception of non-citizens as security threats and economic
globalization. Finally, the question 'who gets in?' will be answered in the context of
theoretical and normative concerns (who ought to get in?), history (who got in to Canada in
the past?), and comparative trends (who gets in elsewhere?). Students will have the
opportunity to observe at least one of the following: a refugee hearing, an immigration
appeal, or a judicial review before the Federal Court.

SYLLABUS (subject to change)
September 6, 8:      Introduction

September 13, 15:    Theoretical Perspectives

September 20, 22:    Status

Sept, 27, 29:        Constitutional, Administrative and International Review

October 11, 13:      Temporary Residents

October 18, 20:      Economic Class

October 25, 27:      Family Class Immigrants

Nov. 1,3:            Refugees: The International Context

Nov. 15, 17:           The Canadian Interpretation of the Refugee Definition

Nov. 22, 25:           Refugee Definition Cont’d, report back from hearings

Nov. 29, Dec. 1:       Sovereignty and Border Control

Dec. 6, 8:             Enforcement

December 2, 4:         Enforcement cont’d

       Canadian Migration Law and Policy, Cases and Materials (Volumes 1 and 2)

       Canadian Migration Law and Policy, Statutory Supplement

       The Regulatory Impact Analysis Statement and the Gender-Based Analysis, and the
        Immigration Manual. are all available online from the Citizenship and Immigration
        Canada website (, under the title “Policy and Regulations”

       Updates: Check here for additional material that I will post from time to time.

The course has two main objectives:
1. To impart the core concepts of Canadian immigration and refugee law. These involve: the
basic operations of the immigration process; the role of political actors, bureaucrats, lawyers and
the courts in that process; the rules, procedures and informal practices that determine the terms of
admission of immigrants and refugees.
2. To put the law in context. This context includes the history of immigration to Canada and of
Canadian immigration law, the division of powers, the Charter of Rights and Freedoms, the
principles of administrative law, statutory interpretation, domestic and international political
pressures, and theoretical perspectives on the moral legitimacy and practical necessity of
controlling immigration.
I intend to employ a combination of lecture, guest speakers, power-point, handouts, and field
trips to cover the material. I expect and look forward to your active participation in classroom
discussion. A few minutes will be spent at the beginning of each week reviewing
immigration/refugee issues reported in the media. Students will be expected to bring in news
clippings or report on stories they heard or saw. Obviously, the viability of the exercise will vary
from week to week depending on whether there are relevant stories being reported. The point is

to encourage you to relate what we cover in class to what is happening "out there".

   1 (a)       Paper (20-25 pages)
        The course is intended to operate as a forum for critical evaluation of Canadian migration
law and policy. You are free to choose any topic in the field that interests you. You are not
limited in terms of methodology (historical, theoretical, jurisprudential, comparative, policy-
oriented, etc.) or geographical scope (national, regional, international), but you must clear the
paper topic with me in advance.

   1 (b)       Take-Home Exam
Students can schedule the interval during the exam period when they wish to complete a 48-hour
take home exam.

   2. Field Trip
Depending on logistical constraints, I will obtain permission for you to observe a refugee hearing
before the Convention Refugee Determination Division and/or a proceeding before the
Immigration Appeal Division of the IRB and/or a judicial review of an immigration case. I will
cancel at least one class in recognition of the time spent observing a hearing. I will provide you
with a series of questions to answer based on your observation. These will serve as the basis of a
classroom exercise.

The Webpage for this course contains dozens of links to sites dealing with migration. I may
assign documents available from these sites from time to time. The links will also be very helpful
in researching your paper. I encourage you to bring new websites to our attention for inclusion.

Canadian Security Intelligence Service
Citizenship and Immigration Canada (use this to locate existing and proposed legislation,
backgrounders, news releases, the Immigration Manual, IntegrationNet and RefugeeNet)
Federal Court of Canada (Trial Division)
*Federal Court of Canada (Court of Appeal)
Immigration and Refugee Board of Canada
Immigration Quebec

Canadian Council for Refugees
E-Refugee– Canadian Refugee Resource
*Empirical – an online multi-discplinary, multi-part course on Canadian migration, citizenship,
settlement, integration and multiculturalism produced in conjunction with the Metropolis project
Maytree Foundation (research supporting immigrant and refugee settlement and integration)
Metropolis – An International Forum for Research and Policy and Migration, Diversity and
Changing Cities (Canadian and International)
*Peopling North America: Population Movements and Migration (historical project)
Ontario Council of Agencies Serving Immigrants (OCASI)
STATUS (Campaign to Regularize Non-Status Immigrants in Canada)

                        INTERNATIONAL / COMPARATIVE
International Migration and Multicultural Policies (UNESCO)
International Organization for Migration
*Special Rapporteur on the Human Rights of Migrants (UNHCHR)
United Nations High Commissioner for Human Rights (UNHCHR), Documents on Nationality,
Statelessness, Asylum and Refugees
United Nations High Commissioner for Refugees

Center for Comparative Immigration Studies (University of San Diego) http://www.ccis-
Center for Gender and Refugee Studies (US but also comparative)
Center for Migration and Development
Centre for Refugee Studies (York University)
Comparative Refugee Case Law
*Forced Migration Online
Forced Migration Review
*Global Campaign for the Ratification on the Convention on the Rights of Migrants
Global IDP (Internally Displaced Persons) Project
*Global Commission on International Migration
Guide to International Refugee Law Resources on the Web
*Institute for the Study of International Migration
*Institute for the Study of Labour
International Association for the Study of Forced Migration http://www.uni-
International Centre for Migration and Health
*Human Rights First (formerly Lawyers Committee for Human Rights; US & International)

*Migrants Rights International
The Protection Project (Anti-Trafficking)
*Refugee Law Reader (online cases and materials on int’l refugee law)
Refugee Studies Centre (Oxford)
University of Minnesota International Human Rights Library (asylum and refugee)
Women’s Commission for Refugee Women and Children

The Asian Research Center for Migration

Australian Refugee Review Tribunal
Refugee Council of Australia

Centre for European Migration and Ethnic Studies
Center for International and European Law on Immigration and Asylum
*Center for Migration Law, University of Nijmegan (Netherlands)
Electronic Immigration Network (UK/Europe)
*Eurasylum (Analysis and evaluation of developments affecting policy and
legal decisions in the fields of immigration and border control processes, asylum determination
procedures, IDPs and migrant integration schemes in EU and internationally)
European Council on Refugees and Exiles
European Research Centre on Migration and Ethnic Relations (ERCOMER; also has virtual
*Odysseus Network (Academic Network for legal studies on immigration and asylum in Europe)

Refugeenet (Refugee Integration in Europe)

Les Sans-Papiers (undocumented migrants in France)


New Zealand
New Zealand Refugee Law

Swedish Network for Refugee and Asylum Support Groups

Asylum Rights

Center for Immigration Studies –CIS provides a terrific clipping service, where they cull media
reports on migration from the US and foreign press. You can sign up for this if you wish. The
primary function of the Center is to lobby against immigration to the US.
Center for Migration Studies
*Florida Immigrant Advocacy Center
*Migration Policy Institute (includes material on international and US-Canada border issues)
Refugee Law Center
US Committee for Refugees
VIVE la casa (shelter for Canada-bound asylum seekers in Buffalo NY)

Last revised by Audrey Macklin, 3 September 2005


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